Gauhati High Court
Sanjit Kr. Nath vs The State Of Assam And 2 Ors on 11 November, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010206162019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6508/2019
SANJIT KR. NATH
S/O. SUKEDAR NATH, VILL. AND P.O. HELAGARI, P.S. SAPATGRAM, DIST.
DHUBRI, ASSAM, PIN-783345.
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC
HEALTH ENGINEERING DEPTT., DISPUR, GUWAHATI, ASSAM, PIN-781006.
2:THE CHIEF ENGINEER
DEPTT. OF PUBLIC HEALTH ENGINEERING
HENGGRABARI
GUWAHATI-06.
3:THE EXECUTIVE ENGINEER
PUBLIC HEALTH ENGINEERING (PHE) DHUBRI DIVISION
DHUBRI
P.O. AND P.S. DHUBRI
ASSAM
PIN-783348
Advocate for the Petitioner : MR. A K DUTTA, MR D C NATH
Advocate for the Respondent : SC, P H E,
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
11.11.2024
Mr. D.C. Nath, learned counsel appears for the petitioner, while Mr. R.R.
Gogoi, learned Standing Counsel appears for the PHE Department.
2. The petitioner's case is that he was allotted work orders on different dates,
for installation of TARA Hand Pumps and RCC Ring Wells for the village areas
under the various Gaon Panchayats, issued by the Executive Engineer, Public
Health Engineering Department, Dhubri Division. The petitioner completed the
works allotted to him and thereafter prepared bills totaling Rs.2,11,246/-.
However, the said amount has not been paid to the petitioner till date.
Accordingly, he submits that a direction should be issued to the respondents, to
pay the petitioner's unpaid contractual dues.
3. Mr. R.R. Gogoi, learned Standing Counsel for the PHE department submits
that as no instructions have been forthcoming from the department, the matter
can be disposed of, by directing the respondents to verify the claim of the
petitioner and if the claim of the petitioner is found to be true, payment can be
made on the admitted amount, in terms of the judgment of the Full Bench of
this Court in the case of Tamsher Ali vs. State of Assam & Others, reported
in 2008 (4) GLT 1.
4. I have heard the learned counsels for the parties.
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5. The petitioner's contractual dues, as claimed by the petitioner by 4 (four)
bills, are as follows :
"1) Bill No. 188, MB No. 3515 (B) page Nos. 56-61 for an amount of Rs.
46,903/- for the Work order No. PHEE/DBB/TC-79/2013-14/3163 dated 30-01-
2014.
2) Bill No. 10, MB No. 3347(B) page Nos. 172-180 for an amount of Rs.
58,459/- for the work order No. PHEE/DBB/TC-86/2014-15/2653 dated 19-02-
2015.
3) Bill No. 72, MB No. 3549 (B) page Nos. 75-84 for an amount of Rs.
45,247/- Work order No. PHEE/DBB/TC-86/2014-15/3080 dated 27-02-2015.
4) Bill No.72, MB No. 3631 (B) page No. 59-68 for an amount of Rs. 60,637/-
for the work order No. PHEE/DBB/TC-88/ Char//2015-16/2009 dated 16-10-
2015."
6. This writ petition has been filed on 27.08.2019 and this Court, vide order
dated 06.09.2019 had issued Notice, which was accepted by the learned
Standing Counsel, PHE Department on 06.09.2019 itself. Despite more than 5
(five) years having elapsed, the respondents have neither filed any affidavit in
this case with regard to the claim made by the petitioner, nor have they given
any instructions to their counsel.
7. Accordingly, in view of the above reasons, this Court is of the view that a
verification should be undertaken by the respondent no.2 with regard to the
claim of the petitioner's bills as it is quite useless to keep the writ petition
pending in this Court. Accordingly, the respondent no.2 is directed to verify the
petitioner's claims/bills. If the claims/bills of the petitioner are found to be
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correct, the respondents should pay to the petitioner the admitted amount. The
entire exercise should be concluded with a period of 3 (three) months, from the
date of receipt of a certified copy of this order.
8. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
